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Pub.L. 104-38 To disapprove of amendments to the Federal Sentencing Guidelines relating to lowering of crack sentences and sentences for money laundering and transactions in property derived from unlawful activity. <> %%Fi...


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[[Page 109 STAT. 299]]

Public Law 104-37
104th Congress

                                 An Act


 
Making appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year ending 
      September 30, 1996, and for other purposes. <<NOTE: Oct. 21, 
                         1995 -  [H.R. 1976]>> 

  
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 1996.>> assembled, That the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year ending 
September 30, 1996, and for other purposes, namely:

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing, and Marketing

                         Office of the Secretary

                     (including transfers of funds)

    For necessary expenses of the Office of the Secretary of 
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C. 
3109, $10,227,000, of which $7,500,000 to remain available until 
expended, shall be available for InfoShare: Provided, That not to exceed 
$11,000 of this amount, along with any unobligated balances of 
representation funds in the Foreign Agricultural Service shall be 
available for official reception and representation expenses, not 
otherwise provided for, as determined by the Secretary.

                          Executive Operations

                             chief economist

    For necessary expenses of the Chief Economist, including economic 
analysis, risk assessment, cost benefit analysis, and the functions of 
the World Agricultural Outlook Board, as authorized by the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1622g), and including employment 
pursuant to the second sentence of the section 706(a) of the Organic Act 
of 1944 (7 U.S.C. 2225), of which not to exceed $5,000 is for employment 
under 5 U.S.C. 3109, $3,948,000.

[[Page 109 STAT. 300]]

                        national appeals division

    For necessary expenses of the National Appeals Division, including 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is 
for employment under 5 U.S.C. 3109, $11,846,000.

                  office of budget and program analysis

    For necessary expenses of the Office of Budget and Program Analysis, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
$5,000 is for employment under 5 U.S.C. 3109, $5,899,000.

                         Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
$10,000 is for employment under 5 U.S.C. 3109, $4,133,000: Provided, 
That the Chief Financial Officer shall reinstate and market cross-
servicing activities of the National Finance Center: Provided further, 
That none of the funds appropriated or otherwise made available by this 
Act shall be used to obtain, modify, re-engineer, license, operate, 
implement, or expand commercial off-the-shelf financial management 
software systems or existing commercial off-the-shelf system financial 
management contracts, beyond general ledger systems and accounting 
support software, at the National Finance Center until thirty 
legislative days after the Secretary of Agriculture submits to the House 
and Senate Committees on Appropriations a complete and thorough cost-
benefit analysis and a certification by the Secretary of Agriculture 
that this analysis provides a detailed and accurate cost-benefit 
analysis comparison between obtaining or expanding commercial off-the-
shelf software systems and conducting identical or comparable software 
systems acquisitions, re-engineering, or modifications in-house.

          Office of the Assistant Secretary for Administration

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Administration to carry out the programs funded in this 
Act, $596,000.

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486,  for programs and activities of the 
Department which are included in this Act, $110,187,000, of which 
$20,216,000 shall be retained by the Department for the operation, 
maintenance, and repair of Agriculture buildings: Provided, That in the 
event an agency within the Department should require modification of 
space needs, the Secretary

[[Page 109 STAT. 301]]

of Agriculture may transfer a share of that agency's appropriation made 
available by this Act to this appropriation, or may transfer a share of 
this appropriation to that agency's appropriation, but such transfers 
shall not exceed 5 percent of the funds made available for space rental 
and related costs to or from this account. In addition, for 
construction, repair, improvement, extension, alteration, and purchase 
of fixed equipment or facilities as necessary to carry out the programs 
of the Department, where not otherwise provided, $25,587,000, to remain 
available until expended; making a total appropriation of $135,774,000.

                       Advisory Committees (USDA)

    For necessary expenses for activities of advisory committees of the 
Department of Agriculture which are included in this Act, $650,000: 
Provided, That no other funds appropriated to the Department in this Act 
shall be available to the Department for support of activities of 
advisory committees.

                       Hazardous Waste Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the requirement of section 107(g) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended, 42 
U.S.C. 9607(g), and  section 6001 of the Resource Conservation and 
Recovery Act, as amended, 42 U.S.C. 6961, $15,700,000, to remain 
available until expended: Provided, That appropriations and funds 
available herein to the Department for Hazardous Waste Management may be 
transferred to any agency of the Department for its use in meeting all 
requirements pursuant to the above Acts on Federal and non-Federal 
lands.

                       Departmental Administration

                     (including transfers of funds)

    For Personnel, Operations, Information Resources Management, Civil 
Rights Enforcement, Small and Disadvantaged Business Utilization, 
Administrative Law Judges and Judicial Officer, Disaster Management and 
Coordination, and Modernization of the Administrative Process, 
$27,986,000, to provide for necessary expenses for management support 
services to offices of the Department and for general administration and 
disaster management of the Department, repairs and alterations, and 
other miscellaneous supplies and expenses not otherwise provided for and 
necessary for the practical and efficient work of the Department, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
$10,000 is for employment under 5 U.S.C. 3109: Provided, That this 
appropriation shall be reimbursed from applicable appropriations in this 
Act for travel expenses incident to the holding of hearings as required 
by 5 U.S.C. 551-558.

[[Page 109 STAT. 302]]

      Office of the Assistant Secretary for Congressional Relations

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Congressional Relations to carry out the programs funded 
in this Act, including programs involving intergovernmental affairs and 
liaison within the executive branch, $3,797,000: Provided, That no other 
funds appropriated to the Department in this Act shall be available to 
the Department for support of activities of congressional relations: 
Provided further, That not less than $2,355,000 shall be transferred to 
agencies funded in this Act to maintain personnel at the agency level.

                        Office of Communications

    For necessary expenses to carry on services relating to the 
coordination of programs involving public affairs, for the dissemination 
of agricultural information, and the coordination of information, work, 
and programs authorized by Congress in the Department, $8,198,000, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
$10,000 shall be available for employment under 5 U.S.C. 3109, and not 
to exceed $2,000,000 may be used for farmers' bulletins.

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General 
Act of 1978, as amended, $63,639,000, including such sums as may be 
necessary for contracting and other arrangements with public agencies 
and private persons pursuant to section 6(a)(9) of the Inspector General 
Act of 1978, as amended, including a sum not to exceed $50,000 for 
employment under 5 U.S.C. 3109; and including a sum not to exceed 
$95,000 for certain confidential operational expenses including the 
payment of informants, to be expended under the direction of the 
Inspector General pursuant to Public Law 95-452 and section 1337 of 
Public Law 97-98: Provided, That funds transferred to the Office of the 
Inspector General through forfeiture proceedings or from the Department 
of Justice Assets Forfeiture Fund or the Department of the Treasury 
Forfeiture Fund, as a participating agency, as an equitable share from 
the forfeiture of property in investigations in which the Office of 
Inspector General participates, or through the granting of a Petition 
for Remission or Mitigation, shall be deposited to the credit of this 
account for law enforcement activities authorized under the Inspector 
General Act of 1978, as amended, to remain available until expended.

                      Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$27,860,000.

[[Page 109 STAT. 303]]

   Office of the Under Secretary for Research, Education and Economics

    For necessary salaries and expenses of the Office of the Under 
Secretary for Research, Education and Economics to administer the laws 
enacted by the Congress for the Economic Research Service, the National 
Agricultural Statistics Service, the Agricultural Research Service and 
the Cooperative State Research, Education, and Extension Service, 
$520,000.

                        Economic Research Service

    For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, as authorized by the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, 
$53,131,000: Provided, That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225).

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, including 
crop and livestock estimates, statistical coordination and improvements, 
and marketing surveys, as authorized by the Agricultural Marketing Act 
of 1946 (7 U.S.C. 1621-1627) and other laws, $81,107,000: Provided, That 
this appropriation shall be available for employment pursuant to the 
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 
2225), and not to exceed $40,000 shall be available for employment under 
5 U.S.C. 3109.

                      Agricultural Research Service

                     (including transfers of funds)

    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, or 
purchase at a nominal cost not to exceed $100, $710,000,000: Provided, 
That appropriations hereunder shall be available for temporary 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000 shall be 
available for employment under 5 U.S.C. 3109: Provided further, 
That <<NOTE: 7 USC 2254.>>  appropriations hereunder shall be available 
for the operation and maintenance of aircraft and the purchase of not to 
exceed one for replacement only: Provided further, That 
appropriations <<NOTE: 7 USC 2254.>>  hereunder shall be available 
pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair 
of buildings and improvements, but unless otherwise provided the cost of 
constructing any one building shall not exceed $250,000, except for 
headhouses or greenhouses which shall each be limited to $1,000,000, and 
except for ten buildings to be constructed or improved at a cost not to 
exceed $500,000 each, and the cost of altering any one building during 
the fiscal year shall not exceed 10 percent of the current replacement 
value of the building or

[[Page 109 STAT. 304]]

$250,000, whichever is greater: Provided further, That the limitations 
on alterations contained in this Act shall not apply to modernization or 
replacement of existing facilities at Beltsville, Maryland: Provided 
further, That the foregoing limitations shall not apply to replacement 
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 
113a): Provided further, That the foregoing limitations shall not apply 
to the purchase of land at Beckley, West Virginia: Provided further, 
That not to exceed $190,000 of this appropriation may be transferred to 
and merged with the appropriation for the Office of the Under Secretary 
for Research, Education and Economics for the scientific review of 
international issues involving agricultural chemicals and food 
additives: Provided further, That funds may be received from any State, 
other political subdivision, organization, or individual for the purpose 
of establishing or operating any research facility or research project 

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